ECP decision to unseat PPP’s Halepoto set aside by SHC

The Sindh High Court (SHC) on Monday set aside the Election Commission of Pakistan’s (ECP) decision to disqualify Pakistan Peoples Party (PPP) leader Bashir Ahmed Halepoto as a member of the Sindh Assembly from the constituency of PS-55 Badin-cum-Tando Mohammad Khan.

A division bench of the Sindh High Court (SHC) headed by Justice Munib Akhtar heard the petition filed by Halepoto against his disqualification by the ECP.

The election commission had disqualified the MPA on a complaint from Mohammad Hassam Mirza, who alleged that Halepoto had become a polling agent of his rival candidate during the local bodies elections in Badin and committed widespread rigging.

Halepoto had challenged the ECP’s decision in the SHC and the court had, in January this year, suspended the election commission’s notification regarding the appellant’s disqualification.

At yesterday’s hearing, the petitioner took the plea that the allegations against him were baseless and the ECP had given its decision without hearing his version of events.

He appealed the court to set aside the ECP’s decision and stop it from issuing the schedule for by-elections to PS-55. The court, after hearing the counsel of the petitioner and other respondents, set aside the ECP’s decision to disqualify Halepoto.

On January 12 this year, the SHC had suspended the election commission’s notification of the disqualification of Halepoto from the provincial assembly constituency of PS-55 Badin-cum-Tando Mohammad Khan.

The interim order came at a hearing of a petition of Halepoto against his disqualification by the Election Commission of Pakistan.

The petitioner’s counsel, Haq Nawaz Talpur, had submitted that his client was appointed a polling agent by the competent authority in accordance with the election rules and regulations; therefore, his disqualification was illegal and unlawful.

He argued that the election commission could not initiate disqualification proceedings against Halepoto, as the complainant had not specifically sought his disqualification over the alleged violation of the code of conduct.

A lawmaker can only be disqualified either under Section 99 of the Representation of Peoples Act, 1976, or articles 62 and 63 of the constitution.

He further argued that the election body had also initiated contempt of court proceedings against his client despite the fact the Contempt of Court Act was applicable to politicians or candidates and not to the members of the national assembly or the provincial assembly. 

Claiming that the ECP violated articles 4 and 10-A of the constitution in proceedings against Halepoto, the lawyer had appealed the court to set aside the disqualification. Consequently, the court had suspended the election commission’s notification.